In regards to AMRN’s patent case
Key Takeaway
We are attending the AMRN court case in Reno, NV. Day 1 included opening statements and direct/cross-examination of AMRN's CSO. Our initial takeaway is Hikma/Reddy's appeared to be aggressive as expected. While it is just the first day and still early, we will be interested in seeing how AMRN responds and any commentary from the Judge. The trial is scheduled for 3 weeks w/ pot'l decision by March/April.
Insights
Summary: Today began with each side giving 20-25 min opening statements w/ 15-25 exhibits (e.g., KOL statements, excerpts from publications, etc). We found the opening arguments mostly in line, with each side outlining claims in favor or against the non-obviousness of the (+) effects of Vascepa and infringement of the approved label. Direct examination of AMRN's CSO Dr. Ketchum was most interesting in providing insight into the development of Vascepa. Cross-examination was focused on demonstrating the obviousness of the Vascepa results through several examples of AMRN using/discussing prior studies (e.g., JELIS study) to support continued development of Vascepa. While early, Hikma/Reddy's were aggressive in their line of questioning. Overall however, we maintain a positive view on AMRN and believe AMRN will see their patent upheld and they are in a good position to win.
Opening arguments...Hikma/Reddy's appeared particularly cogent. AMRN attorneys claimed: 1)VASCEPA results were non-obvious, particularly the decrease in Trigs w/o an increase in LDL, citing review articles and other statements at the time suggesting it was universally believed prior to Vascepa an LDL increase w/ trig reduction was an unavoidable on target effect. 2) While the label does not specify a duration of treatment with Vascepa, it is implied EPA has to be given chronically as the disease is mostly genetic and even the FDA's review documents for Vascepa refer to the drug for chronic administration.
The defense (Hikma/Reddy) opening arguments claimed: 1) based on the literature, it was obvious that DHA increased LDL, and removal of this component could potentially reduce Trigs w/o impacting LDL. The defense also claimed the patent examiner cited this prior art. 2) Nothing in the label states/requires chronic therapy and they made the argument that it as reasonable to give EPA for <12 wks followed by proper exercise and diet to manage trigs. As a reminder, in our diligence with experts, a significant majority of doctors would need to believe this and the burden is on the defense to prove this.
During cross-examination the defense cited several examples of AMRN using publications to support the development of Vascepa. The defense claimed March 2008 was the critical date AMRN is said to have created Vascepa. To support its view AMRN's patents were invalid due to obviousness, the defense went through several documents, including internal emails, regulatory documents (e.g., pre-IND,sNDA, etc) to FDA and presentations to investors citing clinical studies done before 2008 supporting the use of an EPA only product. In response, the plaintiff made the argument that while citing these studies, they were flawed or had caveats that made drawing overarching conclusion not obvious.